What's happening
Writing a plain-English summary… Track this bill to get it by email.
Why it matters
Albany, before your first meeting.
Every bill that moved yesterday, summarized in a sentence and ranked by impact. The Albany Scorecard follows on Sundays.
Free. Unsubscribe in one click. Want alerts on specific bills? Create an account.
Who cares
Headline styles
Sponsors
21 Co-sponsors
- Andrea Stewart-Cousins
- Joseph P. Addabbo Jr.
- Tony Avella
- Neil D. Breslin
- David Carlucci
- Martin Malavé Dilan
- Adriano Espaillat
- Terry Gipson
- Ruth Hassell-Thompson
- Brad Hoylman-Sigal
- Liz Krueger
- George Latimer
- Velmanette Montgomery
- Ted O'Brien
- Kevin S. Parker
- Gustavo Rivera
- John L. Sampson
- James Sanders Jr.
- José M. Serrano
- Daniel L. Squadron
- Toby Ann Stavisky
History
- Referred to elections
- Referred to elections
Companion bill
The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.
Eliminates requirement that affidavits subscribed by voters contain the address where he or she was previously registered and substantially comply with a form prescribed by state board of elections
In Assembly Committee · Election Law · Sponsor Kevin Cahill
Full text
The text isn't available here yet. Check nysenate.gov.
Sponsor's memo
BILL NUMBER:S4270
Title of bill
An act to amend the election law, in relation to voter affidavits
Purpose
This bill eliminates the requirement for a voter utilizing an affidavit ballot to include their previous address in the affidavit mandated in support of their request for a ballot. In addition, the bill would add language recognizing substantial compliance with the requirements of these affidavits; pursuant to Election Law Section 8-302(3)(e)(ii).
Summary of provisions
Section one of the bill eliminates the requirement to include previous registration address when applying for an affidavit ballot. The bill also adds language that requires a voter to substantially comply with the law regarding the form and filing of affidavits and affidavit ballots.
Justification
This bill removes the requirement in Election Law Section 8-302(3)(e)(ii) that a voter filing an affidavit ballot include in that document the address from which they were last registered to vote. In addition, the bill adds "substantial compliance" to the requirements for demonstrating completion of the affidavit and ballot.
Under current law, the requirement that this information be included by a voter needing to utilize an affidavit ballot is an unnecessary obstacle to a person's exercising their right to vote. The role of the affidavit ballot is to allow a person - swearing under penalty of perjury that they are registered to vote, they remain a duly qualified voter in the election district, and that their poll records, through no fault of their own, have been omitted or misplaced from the system utilized by the local board of elections - to cast their vote on a paper ballot.
The requirement that they include the address from which they previously registered, no matter how long ago that may have been, is unduly onerous, and serves no legitimate purpose in determining the validity of the instant application.
The bill also includes "substantial compliance" language for review of adherence to this section of law The provision redresses the on-going practice of utilizing hyper-technical legal challenges to affidavit ballots in an all-too-often successful effort to deny a person their constitutional right to vote.
This language will allow the validity of the ballot to be determined based upon compliance with the language of the statute and the actions and intentions of the voter, without limiting the state's ability to protect against voter fraud.
Legislative history
2013 New bill.
Fiscal implications
None
EFFECTIVE DATE:. This act shall take effect immediately.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.